Worcester settles 2 lawsuits against police officers

Sunday

Apr 7, 2013 at 3:28 PMApr 7, 2013 at 7:27 PM

By Scott J. Croteau, TELEGRAM & GAZETTE STAFF

WORCESTER — The city has settled two federal civil suits accusing police officers of mistreatment, one with a payment of $100,000 going to one man and another payment of $45,000 going to a man charged in another case.

City Solicitor David M. Moore confirmed that the city settled the complaint filed by Anthony Hayes against the city and several police officials for $100,000.

Mr. Hayes was arrested in March 2007 by vice squad officers in a raid at 5 Sycamore St. Mr. Hayes alleged that Officer Darnell McGee struck him in the face with a flashlight, breaking bones and knocking him out.

At the time of the raid, Mr. Hayes was charged with cocaine possession. The suit was filed in 2010 in U.S. District Court in Worcester. In previous filings, the city denied that Officer McGee struck Mr. Hayes with a flashlight and argued that the force used to arrest him was reasonable.

In the case, Police Chief Gary J. Gemme fought giving a deposition in the law office of Mr. Hayes’ lawyer, Hector Pineiro, citing safety concerns in going to the lawyer’s 807 Main St. office. Police Capt. Jeremiah F. O’Rourke was also fighting going to the office for his deposition as well.

Eventually, a magistrate judge ordered that both police officials go to the law office for their depositions.

City officials also confirmed the city settled another separate federal civil suit filed by George Rosenthal, a city man who alleges officers attacked him after he was arrested for stealing copper piping from a parking garage storage area on Portland Street in March 2008.

The city settled the suit for $45,000 recently.

In both settlements there are agreements that the parties will pay for their own attorneys’ fees.

Mr. Rosenthal accused officers arresting him at the 24 Portland St. garage that night of punching him, spitting on him and pushing his head into a wall. Mr. Rosenthal, who was later sentenced to jail time in the case, says an officer told him to say he fell down the stairs if asked about injuries, according to the suit filed in U.S. District Court.

At a city hospital, Mr. Rosenthal allegedly told medical staff that he did fall down stairs, but only did so in fear of the officers, the suit states. Mr. Rosenthal sued for civil rights violations, assault and battery and malicious prosecution.

Police reports from the incident stated officers arrived at the garage and found Mr. Rosenthal inside with a piece of copper pipe in his hands. Mr. Rosenthal was allegedly on the stairs and tried to run off, police reported at the time of the arrest.

Mr. Rosenthal allegedly ran at a police officer and swung his fist at him. There was a struggle and Mr. Rosenthal allegedly dropped the piping, reports state.